TERMS OF USE AND PRIVACY POLICY

This policy was updated in August 2022.

Thank you for visiting the Rubicon Publishing Inc., a Savvas Company (“RUBICON”) website (the “Site”). PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THE SITE AND THE PRIVACY POLICY. Since your use of the Site will indicate your acceptance of these terms, do not use the Site if you do not agree to be bound by these terms. We may periodically change the terms in our sole discretion and without notice, so please check these terms from time to time since your continued use of the Site signifies your acceptance of any changed terms. These terms incorporate and include our Privacy Policy, outlined below, and any other guidelines or disclaimers that may be posted on the Site.

TERMS OF USE

USE OF THE SITE AND INDEMNITY
This Site is owned and operated by RUBICON and unless otherwise indicated, the contents, and the collection, arrangement, and assembly of the contents, of the Site are the property of RUBICON and are protected without limitation pursuant to Canadian, US, and foreign copyright, trademark, and other laws. You acknowledge that your use of the Site and of any information contained on the Site is for lawful informational use and/or the purchase of RUBICON products or services only. You agree you will not distribute, publish, transmit, modify, display, or create derivative works from, or exploit the contents of, the Site in any way without our express consent. You agree to indemnify, defend, and hold harmless RUBICON and its directors, officers, employees, franchisees, and affiliates from and against all liability and costs (including attorney fees) incurred in connection with, relating to, or arising out of your breach of these terms, your unauthorized use of material on the Site, or your use of the Site. You acknowledge that the unauthorized use of the contents of the Site could cause irreparable harm to the RUBICON brand and that in the event of an unauthorized use, RUBICON and its directors, officers, employees, franchisees, and affiliates, as the case may be, shall be entitled to an injunction in addition to any other remedies available at law or in equity. You agree to co-operate fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you.

GENERAL RULES
Users may not use the Site in order to transmit, distribute, store, or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive, or hateful. Users may use the Site only for lawful purposes.

WEBSITE SECURITY RULES
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation: (a) accessing data not intended for the user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbooming,” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. RUBICON will investigate occurrences that may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.

FEEDBACK AND SUBMISSIONS
If you submit any material to or for use on the Site, unless all parties agree otherwise, you thereby grant RUBICON and its franchisees and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further thereby grant RUBICON and its affiliates and sub-licensees the right to use the name that you submit in connection with such content. By submitting material, you represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate the Site’s Privacy Policy, outlined below, and will not cause injury to any person or entity, and that you will indemnify RUBICON and its directors, officers, employees, franchisees, and affiliates for any losses incurred in relation to any claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content from the Site. We take no responsibility and assume no liability for any content posted by you or any other third party on the Site.

TERMINATION OF USE
If you breach any provision of this Agreement, you may no longer use the Site. We may, at any time and for any reason, suspend, modify, limit, or restrict your access, temporarily or permanently, to the Site, without notice. Despite any termination of this Agreement, we may continue to use your personal information in accordance with our Privacy Policy, outlined below.

OWNERSHIP OF THE SITE, COPYRIGHT, AND TRADEMARK
© 2015 Rubicon Publishing Inc. All rights reserved. Unless otherwise noted, all materials on the Site are protected as the copyrights, trade dress, trademarks, and, or alternatively, other intellectual properties owned by Rubicon Publishing Inc., its subsidiaries, its affiliates, and others, and is protected by Canadian, US,
and international copyright, trademark, and other laws. Your use of the Site does not transfer to you any ownership or other rights on the Site or its content.

DISCLAIMER
RUBICON MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” RUBICON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. RUBICON DOES NOT WARRANT THE FUNCTIONS, INFORMATION, OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS, OR OTHER HARMFUL COMPONENTS. RUBICON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RUBICON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RUBICON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF RUBICON OR A RUBICON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RUBICON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR NOT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

INDEMNITY OF USER
You agree to defend, indemnify, and hold harmless RUBICON, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of these Terms of Use. RUBICON shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding.

CHOICE OF LAW AND JURISDICTION
This Agreement is governed by the laws of Ontario and the laws of Canada applicable in Ontario. Any dispute arising from these terms shall be heard exclusively by the courts of the Province of Ontario.

SEVERABILITY
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT
This Agreement, as modified from time to time, constitutes the entire Agreement between you and us with respect to your use of the Site and supersedes any and all prior Agreements with respect to your use of the Site.

NO CONSENT OR WAIVER OF DEFAULT
No consent or waiver by either party to or of any breach or default by the other party of its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

SUCCESSORS AND ASSIGNS
The provisions of this Agreement will inure to the benefit of and be binding upon each of RUBICON and its affiliates, successors, and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. We may assign this Agreement and its rights and obligations under this Agreement without your consent.

PRIVACY POLICY
RUBICON is committed to maintaining your confidence and trust in all of our activities with you. Below is our Privacy Policy, governing our use of information about you that you provide, actively or passively, while using the Site. This Privacy Policy does not govern our collection of any information about you through any channel or by any method other than by your use of this Site. If you have any questions about this privacy statement or the content and practices of the Site, please feel free to contact us.

At RUBICON, protecting your privacy means:

• With your consent, we will gather only the minimum personal information necessary to provide you with current information about our products and services, and to provide you with fast, reliable service if you decide to purchase from us.
• We will not sell, exchange, or lend to non-RUBICON businesses or services any personal information that you have provided to us.
• We will keep all personal information confidential, and we will provide strong safeguards to protect that information whether it is in print, electronic, or other form.
• We will make available to you, on request, your personal information that we have on file, and we will correct, amend, or delete information at your request.

TRACKING TECHNOLOGY
We may collect non-personal information about our website traffic and usage patterns from technology such as cookies and web beacons. Cookies are small text files that help us to personalize the content of the Site. Web beacons are electronic files used to track your navigation on a website or collection of sites, the completion of transactions, the submittal of applications, and browsing behaviour.

We may use cookies and other tracking technology to understand and save your preferences for future visits, to keep track of advertisements, and to compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers are permitted to use the information collected on our behalf to help us conduct and improve our business.

If you prefer, you can choose to turn off all cookies via your browser settings. However, if you turn your cookies off, some of our services may not function properly.

INFORMATION WE MAY COLLECT AUTOMATICALLY
When you visit the Site, we may collect some basic information that does not identify individual users. This includes pages visited, types of products and services purchased, and feedback from our visitors, as well as location data, logs and other communication data, and information about your computer and Internet connection, including your IP address, operating system, and browser type.

Third-party advertising companies may use non-personally identifiable information (e.g., clickstream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other websites. These companies typically use a cookie or third-party web beacon to collect this information. These third-party cookies do not collect personally identifiable information. For more information about cookies and how to opt out of third-party data collection, please see the Tracking Technology section of this policy.

INFORMATION YOU SPECIFICALLY PROVIDE
We collect information that you voluntarily provide when you register to access and use certain portions of the Site. We also collect information from you that is necessary to identify you and to process and fulfill your requests for information or to purchase products or services.

If you interact with our Site by purchasing products or services, submitting feedback, joining a mailing list, or writing a review or comment, you may provide us with information, including:

• First and last names
• Address
• Email address
• Phone number

In order to serve our customers with the right materials at the right levels, delivered to the right address, and to ensure that the financial relationship is correct and current, we need to have certain basic personal information on file.

Personal information is the information, we have that relates to you, our customer, as an individual. Personal information, beyond your name and school or business contact information, may include any or all of the following: a record of your purchases and payment method, alternate contact information and your account number (if applicable). For teachers, we may also retain information that you have provided to us relating to your classroom needs and the number of years you have been teaching.

We will request from you only information that relates directly to the products or services we are providing to you, and we will keep that information active only as long as the uses for which it has been collected are relevant to your needs. You may contact us with changes to your information and contact preferences.

USE OF YOUR PERSONAL INFORMATION
We use the information in order to make the Site more useful and to respond to your queries, to inform users of new promotions, products, and services offered by us, to improve our level of service, and to provide notifications regarding the Site and our products and services. We restrict access to your information to those in our organization who require access in order to provide the Site, information, and services to you. We also may share your information with the following entities:

• Our affiliated companies
• Unaffiliated service providers with whom we may subcontract, including website hosting companies, fulfillment companies, payment processing companies, and other third-party service providers
• Government agencies and law enforcement officials, when required to do so to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims

We also reserve the right to share information with other organizations in the following situations, as authorized by law:

• as permitted by law in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, violation of our intellectual property rights, situations involving potential threats to the physical safety of any person, violations of the Site’s Terms of Use or other Agreements, or otherwise as required by law
• when we have your consent to do so
• when we need to share information to provide any product or service you have requested

We also may use your IP address and information about the web pages you visit to gather broad demographic information, and information about your interests and online behaviour so that we can better understand our Site users. This information may be used, for example, to analyze and improve our Site design and functionality.

OPT-OUT
When you provide information via the Site and if you consent to us contacting you for this purpose, as required by law, we may occasionally use the information to notify you about special promotional programs and other valuable services we offer. If you prefer that we not contact you in this manner or want to withdraw your consent, we will promptly remove you from our distribution list at your request. If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.

CHILDREN’S PRIVACY PROTECTION
We do not knowingly collect information from persons under 18 years of age. If you are under 18 years of age, you may review the Site only with the involvement of a parent or guardian, and you may not use any portion of the Site that would require collection of personal information from you.

FORMER USERS
Even after you stop using the Site or your permission to use the Site is terminated or ends for any reason, we may continue to use the Information as provided in this Policy, as amended, and in accordance with applicable law.

LIMITATIONS ON USE
RUBICON will not use your personal information for any purposes, other than those outlined above, unless we have asked your permission and have received your consent. RUBICON will remove personal information when it is no longer relevant for the uses for which it was gathered and will delete your name from our mailing list upon your request by letter, fax, email, or phone.

BUSINESS TRANSFER
As we continue to develop, we might sell assets or buy the assets of similar companies. In such transactions, customer and user information generally is one of the transferred business assets. Also, in the event that we or substantially all of our assets are acquired, such information may be one of those transferred assets, and we reserve the right to buy or sell such assets.

SECURITY
We use a variety of standard protections to maintain the security of your online session. Although the Site has security measures in place to protect against the loss, misuse, and alteration of information under our control, we cannot guarantee that such security measures will be sufficient or will not be breached, and that your information may not be disclosed or otherwise accessed in any unauthorized manner. Certain information may be transmitted to you by electronic mail. Although it may be illegal to intercept or disclose these messages, these transmissions are not secured.

CROSS-BORDER TRANSFER OF DATA
Any personally identifiable information you provide to us in connection with this Site, RUBICON products or services will be stored on our servers, affiliates and/or authorized vendors and will be accessible by authorized employees, agents and contractors of the Company and its affiliates and authorized vendors. Due to the global nature of the Site, personally identifiable information may be transmitted, stored or processed in a country other than the one in which you reside (“Resident Jurisdiction”). Reasonable contractual or other measures we may take to protect your personally identifiable information while outside the Resident Jurisdiction are subject to applicable foreign legal requirements, for example, lawful requirements by governmental authorities or court order to disclose personally identifiable information to government authorities in the countries in which such data may be stored or processed. SUBJECT TO APPLICABLE LAW, IF YOU RESIDE IN THE EUROPEAN UNION, THE UNITED STATES OF AMERICA OR OTHER JURISDICTION WITH SIMILAR DATA TRANSFER REGULATIONS, BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPLICITLY CONSENT THAT THE PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE MAY BE TRANSFERRED AND STORED IN COUNTRIES OUTSIDE THE EU, THE UNITED STATES OF AMERICA OR YOUR RESIDENT JURISDICTION, INCLUDING CANADA IN CONNECTION WITH THE TERMS OF USE, THIS PRIVACY STATEMENT, AND IN ORDER TO PROVIDE SERVICES TO YOU. IF YOU DO NOT CONSENT, PLEASE DO NOT PROVIDE US WITH ANY PERSONAL INFORMATION. YOUR PERSONAL INFORMATION SHALL ONLY BE USED IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY STATEMENT.

LINKED INTERNET WEBSITES
The Site may provide hypertext links to other websites that may contain privacy provisions that are different from those provided herein. We are not responsible for the collection, use, or disclosure of information collected through those websites, and we expressly disclaim any and all liability related to such collection, use, or disclosure. You are encouraged to read the privacy policies of other websites reached through the use of links from the Site.

MODIFICATION
As we grow and new features are added, or legal requirements change, this Privacy Policy may be modified. Any changes to the Site’s Privacy Policy are effective as of the time they are posted on the Site. All information submitted through the Site is subject to this Privacy Policy, as amended. This Privacy Policy was last updated in August 2022.

HOW TO CONTACT US
If you have any questions or complaints about our Site, our Privacy Policy, or the information we collect, please contact us at:

Rubicon Publishing Inc.

2040 Speers Road
P.O. Box 69596
Oakville, Ontario
Canada
L6J 7R4

toll free: 1-800-336-0980
direct: (905) 849-8777
fax: (905) 849-7579
email: contact@rubiconpublishing.com